|Rusape Town Council in land wrangle|
|Friday, 13 July 2012 08:11|
RUSAPE Town Council and its sacked chief executive officer, Mr Albert Njobo and Engineer Lazarus Mabvira are once again locked in an ownership wrangle of stands measuring 14 400 and 15 000 square metres, respectively that they allocated themselves at the height of 2008 land chaos.
The Rusape Town Council is pushing for their subdivision, arguing that their sizes were abnormal since they fall within the prime Castle Base low-density suburb whose normal stand standard is 2000 square metres.
The council further argued that the two did not pay for the stands and neither are there official documents to confirm their legal allocation to the land.
The local authority, which was left without prime land after a chaotic scramble for cars and salaries orchestrated by the pair, is desperate for land to let to potential home seekers, has already passed resolution FC05/03/12 to sub-divide the two stands into 2000sq. m housing units.
In a letters dated May 17, whose premise the two are now challenging with the administrative court, the council informed them that the stands would be sub-divided and each allocated a standardised stand, while the remainder would be sold to other developers at a cost of $8 per square metre.
"This letter serves to inform you that the council has resolved that the above mentioned stands be sub-divided into a normal standard size for low-density residential stand.
“The council through its resolution number FC/05/03/2012 resolved that the stands be sub-divided.
“As a result of this exercise you are entitled to get a normal low density stand size measuring above 1000 square metres.
"It was noted that the former stand numbers 662, 663 and 664 came into exist in an approved layout MEC 221 done in May 1998, but it was later superseded by layout plan med 194 IN August 2000, therefore these numbers no longer exist. Your new stand number is 7569 and you are required to pay $8 619 total lease amount -that is $861 annual payment," reads the letter.
However, Mr Njobo and Eng Mabvira are refusing to let their former employer getting the land without a fight.
The two have lodged an appeal with the administrative court to set aside the decision by the council to subdivide the stands.
In papers filed on June 13, 2012 (Ref LB/112/662), the pair cites their grounds of appeal as:
"Respondent erred in its decision to sub-divide Appellant stand number 662, which was lawfully allocated by the Respondent in an approaved layout MEC221 of 1998, without showing proof of how layout plan MED 194 0f 2000 superseded or cancelled out layout plan MEC 221 in terms of the law.
"Respondent grossly erred as it did in going ahead to subdivide and instantly allocating Appellant a new stand number 7569 without approved layout plan in terms of the law.
"Respondent erred at law in implementing resolution number FC05/03/12 which was not confirmed, not specific and voted for by a special interest councilor Clr Murembwe knowing fully well that a special interest councilor is not allowed to vote in a council meeting in terms of the law," argued Mr Njobo.